Brownback pardons one, denies clemency to 72

Tuesday

Oct 10, 2017 at 6:27 PMOct 11, 2017 at 1:05 PM

Erin Mathews @ErinMathewsSJ

Gov. Sam Brownback on Tuesday issued an executive pardon for a Liberal native and denied requests for executive clemency from 72 other people, including several convicted in Saline County and one in Thomas County.

Mark Schmitt, currently residing in Parker, Colo., became the only person pardoned by Brownback. Schmitt was a 19-year-old college student when he was convicted of felony theft in 1994 for a false insurance claim of about $1,550. He paid restitution and has maintained a record of good conduct in the 23 years since. Franklin County District Court previously expunged his conviction, and his pardon request was favorably recommended by the Prisoner Review Board, according to a news release from the governor's office.

• Brooke D. Dinkel, a former Smoky Valley Middle School counselor, who is serving more than 13 years in prison for rape of a student. Dinkel, 36, is housed at the Topeka Correctional Facility and her earliest possible release date is May 13, 2026, according to the Kansas Department of Corrections website. A Saline County District Court jury found Dinkel guilty of two counts of rape in June 2014 for having sex with a 13-year-old boy. Upon release, she will be subject to lifetime post-release supervision.

• Alejandro Hernandez-Zapata, 24, who pleaded guilty to two felony counts of nonresidential burglary and two felony counts of theft in February 2013. At the time of his arrest, Hernandez-Zapata admitted entering two homes that were being renovated and removing tools, some of which were pawned in Wichita, according to an arrest affidavit. Hernandez-Zapata had completed probation and paid restitution in connection with the crimes that occurred in May 19 and 20, 2012, and has had no other felony convictions. He sought a pardon because the convictions have been an impediment to employment, according to his petition.

• Bradley L. McClelland, 70, who is serving a life sentence with a minimum of 25 years for one felony count of aggravated indecent liberties with a child for inappropriately touching a 9-year-old girl in October 2011. A Saline County District Court jury convicted McClelland in November 2012. The Kansas Court of Appeals affirmed McClelland's conviction in January 2015. The KDOC website says McClelland is incarcerated out-of-state.

• Terrence J. Watson, 34, of Los Angeles, Calif., who pleaded no-contest to one count of second-degree murder for the killing of Ernest J. Jones Jr., 22, and one count of voluntary manslaughter for the killing of Taryn K. Dechant, 22, both on Sept. 26, 2008. Police found Dechant and Jones shot to death in the front room of their apartment and removed Dechant's children through their bedroom window after waking them from sleep. Watson entered the no-contest plea to reduced charges in August 2011, a month before he was scheduled for trial on a charge of capital murder. According to the KDOC website, he is incarcerated at Winfield Correctional Facility, and his earliest possible release date is March 13, 2022.

Thomas County pardon applicant Tod A. Pabst, 62, who was convicted of first-degree murder for killing his fiancee, Phoebe Harkins, on March 31, 1997, was also denied. Pabst, who originally was convicted in Thomas County District Court in August 1997, received a second trial after the Kansas Supreme Court ruled that remarks made by a prosecutor were prejudicial. After a change of venue, Pabst was convicted in Ellis County in 2000. The KDOC website says Pabst is incarcerated at El Dorado Correctional Facility-South, and his earliest possible release date is March 31, 2022.